Lord Bingham's conditions

Lord Chief Justice Bingham ruled on the case

Lord Bingham said the problem of attributing legal responsibility where a victim has suffered a legal wrong but cannot show which of several possible candidates, who were all in breach of duty, is the culprit "is one that has vexed jurists in many parts of the world for many years".

He said the "essential" question underlying the appeal was whether C, who was employed at different times and for differing periods by both A and B - and certain other conditions were satisfied - was entitled to recover damages against either A or B or against both.

The conditions to be satisfied were as follows:

Point one: C was employed at different times and for differing periods by A and B.

Point two: A and B were both subject to a duty to take reasonable care or to take all practicable measures to prevent C inhaling asbestos dust because of the known risk that asbestos dust, if inhaled, might cause a mesothelioma.

Point three: Both A and B were in breach of that duty in relation to C during the periods of C's employment by each of them with the result that during both periods C inhaled excessive quantities of asbestos dust.

Point four: C is found to be suffering from a mesothelioma.

Point five: Any cause of C's mesothelioma other than the inhalation of asbestos dust at work can be effectively discounted.

Point six: C cannot (because of the current limits of human science) prove, on the balance of probabilities that his mesothelioma was the result of his inhaling asbestos dust during his employment by A or during this employment by A and B together.

Lord Bingham said his answer to the question posed in the appeal was that where those six conditions were satisfied "C is entitled to recover against both A and B".

He said: "Where those conditions are satisfied it seems to me just and in accordance with common sense to treat the conduct of A and B in exposing C to a risk to which he should not have been exposed as making a material contribution to the contracting by C of a condition against which it was the duty of A and B to protect him."

Lord Bingham emphasised that his opinion was directed to cases in which each of the six conditions was satisfied "and to no other case".